Collateral Sanctions

The Massachusetts House and Senate have different ideas about how to implement marijuana legalization, a new poll finds a strong majority of Americans want Trump to butt out of legal marijuana states, Wisconsin Gov. Rick Walker's Medicaid drug testing plan has virtually no public support, and more.

They're battling in Boston over the shape of legal marijuana in Massachusetts. (MPP)

Marijuana Policy

Poll: Strong Majority of Americans Want Trump to Respect State Marijuana Laws. A new Survey USA poll commissioned by Marijuana Majority finds that a whopping 76% of Americans want the Trump administration to respect state medical marijuana and marijuana legalization lies. There was majority support for the position about Democrats, Republicans, independents, and every age group. The 76% figure is three points higher than in a Quinnipiac poll asking a similar question in April.

Auto Insurance Study Links Increased Car Crash Claims to Legalized Marijuana. The Highway Loss Data Institute, an insurance research group, released a study Thursday saying collision claims increased 2.7% in Colorado, Oregon, and Washington after legalization when compared to neighboring non-legal states. "We believe that the data is saying that crash risk has increased in these states and those crash risks are associated with the legalization of marijuana," said Matt Moore, senior vice president with the institute, which analyzes insurance data to observe emerging auto-safety trends. But legalization advocates pointed out that comparing claims in largely rural states such as Idaho, Montana, and Wyoming to rates in more urbanized Colorado, Oregon, and Washington may be problematic.

Massachusetts House Passes Bill to Repeal and Replace Voter-Approved Legalization Law. The House on Wednesday approved a bill that would raise the retail tax on marijuana from 12% to 28%, impose stringent background checks and fingerprinting for all people who own or work in licensed marijuana-related businesses, and allow localities to ban marijuana businesses without first getting voter approval. The Senate is poised to take up its own version of the bill with more modest revisions to the voter-approved law, setting the stage for a compromise in the coming week. Legalization advocates attacked the House bill as setting taxes too high and ignoring the will of the voters.

Drug Testing

Wisconsin Governor's Plan to Drug Test Medicaid Recipients Has Virtually No Public Support. Gov. Scott Walker's (R) plan to drug test Medicaid recipients and increase premiums has garnered a grand total of five fully positive comments out of more than a thousand submitted by the public -- and one of them is from his own lieutenant governor. That's a support rate of one half of one percent. "Drug testing has been determined to be expensive, ineffective, and illegal," wrote Bobby Peterson, executive director of ABC for Health, a nonprofit Madison law firm that helps people get health care. "You have espoused Jesus and are embracing the devil and demons that have gained control of the political process," said another email, the name of the sender redacted. "May God have mercy on you in this time of reckoning for surely you are cursed." Walker needed to give the public 30 days to comment before seeking approval from the Trump administration to move forward with its plan.

Drug overdoses are at an all time high, drug war dinosaur senators want to return to harsh sentencing, Wisconsin's GOP governor moves forward with first in the nation plan to drug test Medicaid applicants, and more.

Fatal drug overdoses totaled nearly 60,000 last year, the New York Times reports. (Wikimedia)

Marijuana Policy

Connecticut House Debates Legalization, But There is No Vote. The House debated the pros and cons of marijuana legalization Tuesday night, but Democratic leaders then ended debate without any vote. They said a legalization bill would have failed in the House, but the debate could increase the chances of legalization being included as part of a budget bill, although observers describe that prospect as "a long shot."

Wichita Reduces Pot Penalties. The city council voted Tuesday to adopt an ordinance that would reduce the penalty for possession of up to 32 grams (slightly more than an ounce) of marijuana to $50 plus court costs.

ACLU, Drug Policy Alliance Sue Southern California City Over Pot Cultivation Ordinance. The ACLU of California and the Drug Policy Alliance are suing Fontana, claiming that the city's marijuana ordinance conflicts with rights granted to all Californians under Proposition 64. Under Prop. 64, every Californian 21 or older has a right to cultivate up to six marijuana plants for personal use. But the law also says cities or counties can ban outdoor gardens and "reasonably regulate" indoor grows.Fontana -- a city of 200,000 people that sits 50 miles east of Los Angeles -- passed an ordinance in January that requires residents who want to cultivate up to six plants inside their home to first get a $411 permit from the city and not have any drug convictions within the past five years, a policy the groups describe as both illegal and "egregious."

Medical Marijuana

Arkansas Finalizes Process for Medical Marijuana Applications. In a meeting Tuesday, the state Medical Marijuana Commission finalized the process for accepting applications for medical marijuana growers and sellers. The move comes after the commission developed a more detailed scoring system for ranking applicants. The application period will open June 30 and go on for 90 days. The commission will distribute 32 dispensary licenses and five cultivation facility licenses.

Florida Lawmakers Reach Agreement on Implementing Medical Marijuana. Lawmakers on Wednesday came to agreement on how to implement the state's voter-approved medical law. Under the agreement, ten new growers will be licensed this year, with five licenses going to previous applicants, five going to new applicants, and at least one reserved for a black farmer. The state current licenses only seven commercial grows. The agreement also caps the number of dispensaries each grower can operate at 25.

New York Times Investigation Finds Drug Overdose Deaths Reached All-Time High in 2016. The New York Times published on Monday an investigative report that found that drug overdose deaths last year reached an all-time high, suggesting that the country's long-term opioid crisis continues to worsen and that younger age groups in the U.S. are experiencing record numbers of opioid overdoses than in the past. The Times looked at preliminary overdose data for 2016 provided by hundreds of state and local health authorities, concluding: "Drug overdoses are now the leading cause of death among Americans under 50, and all evidence suggests the problem has continued to worsen in 2017." The report estimates that more than 59,000 people died from a drug overdose in 2016 -- an increase of 19% from 2015. The report does not elaborate on which drugs are behind the estimated jump in overdose deaths last year, nor does the report indicate which age groups under 50 saw the largest increase in overdose deaths over prior years.

Senate Drug Warriors Feinstein and Grassley Prepare Bill With Tough New Penalties for Synthetic Opioids. The senior members of the Senate Judiciary Committee are preparing a bill that would create tough new penalties for people caught with synthetic opioids. A draft of the bill would give the attorney general the power to ban all kinds of synthetic drugs and it would impose a 10-year maximum sentence on people caught selling them for a first offense. A second offense would see the sentence double. The bill would penalize people selling drugs at a low level in the US, critics said.

Drug Testing

Wisconsin Submits Request to Drug Test Medicaid Applicants. Gov. Scott Walker (R) on Wednesday officially submitted a request for a federal waiver to become the first state in the country to drug test applicants for Medicaid benefits. Walker said the plan would provide drug addicts with treatment and make them employable. "Healthy workers help Wisconsin employers fill jobs that require passing a drug test," Walker's administration said in a press release Wednesday announcing the waiver. But critics called the notion a waste of money and an insult to people who need Medicaid.

Vermont's bid to be the first state to legalize marijuana through the legislative process gets derailed or at least delayed by the governor, a judge rules a Rhode Island company discriminated against a medical marijuana patient, UC Santa Barbara students start an ecstasy pill-testing program, and more.

What's in your ecstasy tablet? Students at UCSB will be able to find out. (Erowid.org)

Marijuana Policy

Vermont Governor Vetoes Legalization Bill, But Leaves Door Open. Vermont Gov. Phil Scott (R) today vetoed a marijuana legalization bill, ending for now an effort that would have seen the state become the first to legalize pot through the legislative process. But Scott left open a "path forward" for passing the bill later this year, saying that if a handful of changes were made in the bill, he could support it. He said he thought the legislature still has time to incorporate them and pass a revised bill during this summer's veto session.

Medical Marijuana

Florida Judge Backs Issuing Two More Medical Marijuana Licenses. Administrative Law Judge John Van Laningham ordered the state to issue two new licenses to medical marijuana operators. That would boost from seven to nine the number of entities licensed by the state to grow, process, and distribute marijuana to patients.

Missouri Library Sued Over Refusal to Allow Activists to Meet. The ACLU filed a lawsuit Tuesday against the Rolla Public Library charging that it refused to allow a local man to hold a meeting in one of its rooms because he advocates for legalizing medical marijuana. Randy Johnson of New Approach Missouri had sought the room for a training session for initiative signature gatherers, but was unconstitutionally discriminated against because of his political views, the ACLU said.

Rhode Island Judge Rules Company Discriminated Against Medical Marijuana User. A Superior Court judge ruled Tuesday that the Darlington Fabrics Corporation had discriminated against a woman when she was denied an internship because she used medical marijuana to treat her migraine headaches. The company's action violated the state's Hawkins-Slater Medical Marijuana Act, which bars discrimination against registered medical marijuana users.

Drug Testing

Wisconsin Republicans Advance Welfare Drug Testing Plan. The GOP-controlled legislature's Joint Finance Committee voted 12-4 Tuesday to include a provision in the budget that would impose drug screening and testing requirements on some 14,000 parents who apply for Wisconsin Works job programs. A bill that would do the same thing has already passed the Assembly. The state already has similar requirements for four state-run work programs. In those programs, some 1,837 people were screened, 42 of those were referred to drug testing, and nine were referred to drug treatment. That's about one half of one percent.

Harm Reduction

University of California at Santa Barbara Students Roll Out Free Ecstasy Test Kits. UCSB Associated Students Off-Campus Senator Patrick Dohoney and the campus Students for Sensible Drug Policy (SSDP) chapter are providing test kits for students to test their pills for purity and contamination. "Me and a group of students, who are a part of SSDP, wanted to find a way to reduce the amount of drug-related emergencies," Dohoney said. "When people intend to take molly, it is often cut with other drugs, like amphetamines or bath salts. We wanted to make sure that if students decided to use drugs, they could do it in the safest, most responsible way possible."

Nevada Recreational Marijuana Sales Can Begin as Early as July 1. The Nevada Tax Commission voted on Monday to approve temporary licenses for qualifying pot shops so that they can open without waiting for the commission to draft rules, a process that must be completed by January 1. The marijuana retailers must, though, have state and local licenses to operate, and most counties have yet to approve their own regulations.

Medical Marijuana

Georgia Governor Signs CBD Cannabis Oil Expansion Bill. Gov. Nathan Deal (R) on Tuesday signed into law Senate Bill 16, which expands the number of qualifying conditions for the use of low-THC cannabis oil and allows patients in hospice care to possess it. The new qualifying conditions are AIDS, Alzheimer's disease, autism, epidermolysis bullosa, peripheral neuropathy and Tourette's syndrome.

Drug Policy

Chris Christie Says Cuts to Drug Czar's Office Won't Happen. New Jersey Gov. Chris Christie (R), who was named by President Trump to head an advisory group on the opioid epidemic, said on Tuesday that a widely-reported deep cut in funding for the Office of National Drug Control Policy (ONDCP -- the drug czar's office) is "not going to happen." The governor added that: "I believe there will be funding and I believe funding will take different forms." But he also criticized the office, saying the opioid epidemic was evidence it wasn't doing its job.

International

Australia Welfare Recipients to Be Subject to Drug Testing. The federal government is aiming to cut welfare expenses, in part by going after people affected by drugs and alcohol. Federal Treasurer Scott Morrison said in his budget speech that a pilot drug testing program will be run on 5,000 welfare recipients. Anyone who tests positive will have his or her benefits locked to a cashless card that can only be used for "essential living expenses" and will also be "subjected to further tests and possible referral to treatment."

Peru Police Attack Medical Marijuana Rally Marchers. Activists calling for the legalization of marijuana announced Monday they had filed a lawsuit against the National Police after officers violently attacked marchers in a peaceful demonstration last Saturday. "We were just marching peacefully when the police started attacking us with tear gas, including our children, regardless of the fact that some of them were in wheelchairs," said Looking for Hope leader Ayde Farfan. Police also arrested eight activists, although they released them the next day. The Peruvian Congress is set to debate a medical marijuana bill next week, but it doesn't include a provision for growing your own, which is what the marchers were calling for.

A group of DAs have published a report critical of marijuana legalization, Nevada marijuana bills are moving, a New York campaign for the establishment of safe drug consumption rooms gets underway, and more.

Nevada Marijuana Bills Advance. In a frenzy of last-minute activity, legislators approved a series of marijuana bills on Tuesday. Senate Bill 375, which advocates for tribes' right to establish marijuana facilities; Senate Bill 344, which establishes packaging standards; Senate Bill 236, which would allow for on-site consumption; and Senate Bill 374, which would allow the use of medical marijuana for opioid addiction, all passed the Senate and head for the Assembly. Meanwhile, the Assembly passed Assembly Bill 259, which would allow courts to seal the records of people charged with possessing an ounce or less. That bill now heads for the Senate.

Ted Cruz Files Bill to Make El Chapo Pay for the Border Wall. US Sen. Ted Cruz (R-TX) has filed Senate Bill 939, "to reserve any amounts forfeited to the US government as a result of the criminal prosecution of Joaquin Archivaldo Guzman Loera (commonly known as "El Chapo"), or of other felony convictions involving the transportation of controlled substances into the United States, for security measures along the Southern border, including the completion of a border wall.

Harm Reduction

Safe Shape Tour across New York State Calls for "Safer Consumption Spaces" to Combat Skyrocketing Overdoses. In response to New York State's overdose and opioid epidemic, a coalition of healthcare professionals, public health experts, advocates, and people with a history of drug use are launching a statewide campaign calling for the creation of safer consumption spaces (SCS) supervised injection facilities (SIF) where people can legally consume previously-purchased illicit drugs with supervision from peers and healthcare professionals who help make their use safer and connect them with medical care, drug treatment, and social services. Click on the link for much more information and how to register for events.

Support for marijuana legalization is at an all-time high in the CBS poll, Philadelphia's mayor joins the legalization chorus, Massachusetts drops more than 20,000 tainted drug convictions, and more.

Marijuana Policy

New CBS Poll Has Legalization Support at All-Time High. A New CBS poll has support for marijuana legalization at 61%, up an impressive five points over the same poll last year. Even more people -- 71% -- want the federal government to butt out of marijuana policy in states where it is legal.

DC Activists Arrested for 4/20 Capitol Hill Joint Giveaway. Eight DC-based marijuana reform activists were arrested last Thursday on the capitol grounds after police raided their "joint session" where the planned to give away joints to anyone with a valid congressional ID. Only two of the activists, including lead gadfly Adam Eidinger, were actually charged, but those charged now face local marijuana charges in DC. Police had recommended federal charges.

Philadelphia Mayor Calls for Legalization. Mayor Jim Kenney (D) has come out in favor of freeing the weed. "The real solution to this is legalizing it in the state of Pennsylvania as they did in Colorado," said Mayor Kenney. "We won't have to use police resources in these kinds of activities and actions." The mayor's comments came as he responded to questions about a Saturday raid on a marijuana "smokeasy" where 22 people were arrested.

New York Allocates $200 Million to Fight Heroin and Opioid Abuse. Budget legislation just signed by Gov. Andrew Cuomo (D) devotes some $200 million to fighting the state's opioid crisis. About $145 million will go to in- and out-patient treatment services, $6 million will fund the use of the opioid overdose reversal drug naloxone, and the balance will go to prevention.

Drug Policy

Drug Policy Researchers and Advocates Join March for Science. Dozens of drug and public health policy researchers and advocates took part in last Saturday's March for Science in downtown Los Angeles. "I can't believe I have to march for objective reality," one sign at the march read. The scientists of all stripes marched to demand that policy be made on empirical evidence, a demand increasingly fraught as science faces the Trump administration.

Drug Testing

Maine GOP Lawmakers Are Back With Another Welfare Drug Testing Bill. Packaged as part of a campaign against welfare fraud, a new welfare drug testing bill has been filed in Augusta. The bill would require screening of welfare applicants, with those who have drug felonies or who are suspected of drug use being required to undergo drug testing.

Law Enforcement

Massachusetts Drops 21,000 Tainted Drug Convictions. The Supreme Judicial Court last Thursday vacated some 21,587 drug convictions after prosecuting attorneys said they would be unable or unwilling to prosecute them. The convictions are all tainted by links to a disgraced state chemist who admitted faking test results in 2013.

International

US Offers to Help Fund Mexico Opium Eradication. US Assistant Secretary of State for International Narcotics and Law Enforcement Affairs ("drugs and thugs") William Brownfield said in an interview last Friday that the US has offered Mexico help in eradicating opium poppies. "We would be prepared to support (opium eradication efforts) should we reach a basic agreement in terms of how they would do more and better eradication in the future," Brownfield said. "That is on the table, but I don't want you to conclude that it's a done deal, because we still have to work through the details," he added. Mexico supplies the vast majority of heroin consumed in the US.

The Uruguayan government sets the date for legal marijuana sales in pharmacies to begin, West Virginia is just a governor's signature away from becoming the 29th medical marijuana state, Idaho's Republican governor vetoes a broadly-supported asset forfeiture reform bill, and more.

Marijuana Policy

Montana Bill to Study Marijuana Legalization Filed. State Rep. Mary Dunwell (D-Helena) filed House Joint Resolution 35 on Thursday. The bill calls for "a study of the legalization and control of marijuana," with results to be reported to the next session of the legislature. The study would include input from the Departments of Public Health and Human Services, Justice, Revenue, and Agriculture, as well as local law enforcement, courts, schools, and lobbying groups.

Ohio Medical Marijuana Grower Applications Will Be Accepted Starting in June. The state Department of Commerce will begin accepting applications for 24 medical marijuana grow licenses beginning in June, the department announced on Friday. Once licenses are awarded, holders will have nine months to meet all requirements. Application forms and instructions should be released in the next two to three weeks, the department said.

Idaho Governor Vetoes Asset Forfeiture Reform. Gov. Butch Otter (R) on Thursday vetoed House Bill 202, a civil asset forfeiture reform bill that passed the legislature with broad bipartisan support. The bill would have ended asset forfeiture absent a criminal conviction, as well as imposing reporting and other requirements on law enforcement. The governor insisted there is no problem to fix, although lawmakers clearly disagreed.

Uruguay to Allow Marijuana Sales at Pharmacies Beginning in July. The office of President Tabare Vasquez said Thursday that legal marijuana sales through pharmacies will begin in July. That's the last step in implementing a 2013 law that made Uruguay the first country to legalize marijuana. While other parts of the law have been in place, pharmacy sales had been on hold under Vasquez, who isn't nearly as enthusiastic about legalization as was his predecessor, Jose "Pepe" Mujica, who shepherded the law to passage during his term. A gram of weed will go for $1.30.

Four Out of Five French Presidential Candidates Support Marijuana Reform. The leading candidate, centrist Emmanuel Macron, and the rightist candidate, Francois Fillon, both support decriminalizing marijuana possession, leftist candidates Jean-Luc Melenchon and Benoit Hamon have both called for marijuana legalization, while only far-right candidate Marine LePen favors the status quo, which calls for up to a year in jail for the possession of any drug.

Kansas City votes to decriminalizes, a Maryland bill to expand medical marijuana business opportunities advances, so does a package of Maryland bills aimed at the state's opioid crisis, and more.

Kudos to KC NORML for leading the charge on decriminalization.

Marijuana Policy

Alaska Regulators Again Taking Up Onsite Marijuana Consumption. The state Marijuana Control Board will today resume its debate over whether to permit businesses to allow onsite consumption of marijuana. The board had decided in February to kill the idea, citing uncertainty over the Trump administration, but now it has reopened the process, inviting members to submit proposed new regulations. One proposal would impose a two-year moratorium on onsite consumption, while two others would allow for it, but one of those would not allow smoking or vaping.

Kansas City Votes to Decriminalize. Kansas City, Missouri, residents voted overwhelmingly Tuesday to decriminalize the possession of small amounts of marijuana. Unofficial vote counts had the measure winning with 71% of the vote. The measure will amend local laws regarding the possession of up to 35 grams of marijuana for adults age 21 and older from a criminal misdemeanor, previously punishable by up to six months in jail and a $1,000 fine, to a civil offense punishable by a $25 fine -- with no arrest made or criminal record imposed.

Medical Marijuana

Maryland Bill to Allow More Licenses, Increase Diversity Passes House. The House of Delegates voted Tuesday to approve House Bill 1443, which would allow five more licenses to grow and process medical marijuana. The bill is aimed at increasing minority participation in the developing industry, which the state's medical marijuana law explicitly calls for. "Passing this bill will show the country that this is not an issue that we're going lock African Americans and other minorities from participating in this business venture," bill cosponsor Del. Cheryl Glenn said before the House vote. "Less than 1% of the licenses held in the entire country are held by African Americans and other minorities. I'm very proud at the state of Maryland that we are passing this legislation. Nothing is perfect, but this is really moving us along the path of having a fair system in the state of Maryland."

West Virginia House Votes for Medical Marijuana. The House voted Tuesday to approve Senate Bill 386, which would establish a medical marijuana system in the state. The Senate passed the measure last week, but since it was amended in the House, reconciliation or a conference committee agreement must occur before it can head to the governor's desk.

Heroin and Prescription Opioids

Maryland General Assembly Adopts Bills to Combat Opioid Epidemic. The House of Delegates voted Tuesday to approve a package of bills aimed at increasing access to drug treatment and crisis services, education, and public awareness around opioids. The bills are House Bill 869, which will require the state to compile a list of accredited recovery residences, House Bill 1082, which will require public schools to provide drug education and train personnel to respond to an opioid overdose; and House Bill 1329, which establishes a Health Crisis Hotline and network of crisis treatment centers. Because the bills were adopted with minor differences in the House and Senate, the House must vote one more time to approve the measures before they head to the governor's desk.

Drug Testing

Florida Welfare Drug Test Bill Moving. A bill to require welfare applicants with drug convictions to submit to mandatory drug testing has been approved by two subcommittees and now sits before the House Health and Human Services Committee. The measure, House Bill 1147, passed out of the Health Care Appropriations Subcommittee Tuesday. Under the bill, applicants who test positive for drugs would lose benefits for a year, but could reapply after six months if they've completed a drug treatment program at their own expense.

The governors of the first four states to legalize marijuana have written to Washington asking to be left alone, decrim advances in Texas, asset forfeiture reform advances in Arizona, and more.

Marijuana Policy

Governors from Four Legal Marijuana States Ask to Be Left Alone. The governors of the first four states to legalize marijuana -- Alaska, Colorado, Oregon, and Washington -- sent a letter Monday to Attorney General Jeff Sessions and Treasury Secretary Steve Mnuchin asking them not to interfere in state-level legalization. The governors said legal weed could be safely regulated and that a federal crackdown "would divert existing marijuana product to the black market." They also asked the Treasury Department not to make it even more difficult to marijuana businesses to deal with banks than it already is.

West Virginia House Amends Medical Marijuana Bill. The state House on Monday amended the medical marijuana bill, Senate Bill 386, to bar its use in leaf form. Medicines from marijuana would have to be in patch, pill, or potion form. Opponents of the amendment said it drastically changed the nature of the bill already approved in the Senate and worried that the Senate would not accept the changes, leaving patients in the lurch for another year. The bill must now have a final House floor vote, and then any differences will have to either be approved by the Senate or settled in a joint conference committee.

Asset Forfeiture

Arizona Senate Passes Bill Taking on State, Federal Asset Forfeiture. The state Senate on Monday unanimously approved a bill to reform the state's civil asset forfeiture law, House Bill 2477. The bill raises the evidentiary standard for forfeiture from "a preponderance of the evidence" to "clear and convincing evidence," establishes stringent forfeiture reporting requirements, and bars prosecutors from handing cases off to the feds to get around state law. The bill now goes back to the House for a concurrence vote on Senate amendments and, if passed, then heads for the governor's desk.

Drug Testing

Maine Tests Few Welfare Recipients Under New Law. Since 2015, only 23 people have set off enough drug screening alarms to be tested under the state's welfare drug testing law. That's about 0.01% of welfare recipients in the state. Of those, 11 lost temporary cash assistance benefits after testing positive, while four more lost benefits for refusing to undergo the test. The Le Page administration blames Democrats, saying they limited drug screenings to people drug felonies, and is behind bills this year to expand drug screenings of cash assistance applicants, prohibiting food stamps for repeat drug offenders, and requiring treatment for first-time drug offenders.

Two Oregon politicians, Sen. Ron Wyden (D) and Rep. Earl Blumenauer (D) led the charge, announcing a bipartisan package of three bills, including a marijuana legalization bill reintroduced by Rep. Jared Polis (D-CO), as well as a pair of bills aimed at cleaning up "collateral issues" such as taxes, regulation, banking, asset forfeiture, descheduling, research, and protection for individuals.

"The federal government must respect the decision Oregonians made at the polls and allow law-abiding marijuana businesses to go to the bank just like any other legal business," Wyden said in a statement. "This three-step approach will spur job growth and boost our economy all while ensuring the industry is being held to a fair standard."

The three bills in the package have not yet been assigned bill numbers, but are:

The Small Business Tax Equity Act -- Create an exception to Internal Revenue Code section 280E that would allow businesses compliant with state laws to claim deductions and credits associated with the sale of marijuana. Currently, under 280E, people and businesses cannot claim deductions or credits for the sale of Schedule I or Schedule II substances. Sen. Rand Paul, R-Kentucky, is a cosponsor of Wyden's Senate bill and Rep. Carlos Curbelo, R-Florida, is sponsoring companion legislation in the House.

Responsibly Addressing the Marijuana Policy Gap Act -- Remove federal penalties and civil asset forfeiture for individuals and businesses complying with state law; ensure access to banking, bankruptcy protection, research and advertising; expunge the criminal records for certain marijuana-related offenses; end requirement for residents of marijuana-legal states to take a marijuana drug test for positions in the federal civil service; and ease barriers for medical marijuana research.

The three-bill package is just the latest pot law reform effort in Congress this year. At least five other bills have already been filed, and lawmakers are also planning to reintroduce the Rohrabacher-Blumenauer amendment, which blocked the Justice Department from funding enforcement efforts against state-legal medical marijuana programs, and the McClintock-Polis amendment, which would similarly block enforcement against state-legal adult use programs. That later amendment came up just eight votes short last year.

The moves come against a backdrop of increasing acceptance of marijuana and marijuana legalization. Twenty-nine states now allow marijuana for qualified patients and eight states and the District of Columbia have legalized adult use. Public opinion polls now consistently show pot legalization with majority support; the latest came this week when the General Social Survey pegged support for legalization at 57% in 2016, up five points from just two years earlier.

"The first time introduction of this particular piece of legislation in the US Senate is another sign that the growing public support for ending our failed war on cannabis consumers nationwide is continuing to translate into political support amongst federal officials," said NORML Executive Director Erik Altieri, "With marijuana legalization being supported by 60% of all Americans while Congress' approval rating is in the low teens, ending our country's disastrous prohibition against marijuana would not just be good policy, but good politics."

Congressional Cannabis Caucus member Rep. Jared Polis (D-CO)

"This is commonsense legislation that will eliminate the growing tension between federal and state marijuana laws," Robert Capecchi, director of federal policies for the Marijuana Policy Project, said in a statement. "Voters and legislatures are rolling back antiquated state marijuana prohibition policies, and it's time for Congress to step up at the federal level. States are adopting laws designed to improve public safety by replacing the illegal marijuana market with a tightly regulated system of production and sales. The federal government should be working to facilitate that transition, not hinder it."

"If we are truly going to move our nation towards sensible marijuana policies, the removal of marijuana from the Controlled Substances Act is paramount. Annually, 600,000 Americans are arrested for nothing more than the possession of small amounts of marijuana and now is the time for Congress to once and for all end put an end to the national embarrassment that is cannabis prohibition," said Justin Strekal, NORML Political Director. "Passing this legislation would end the current conflict between state and federal laws and allow the states to implement more sensible and humane marijuana policies, free from the threat of federal incursion."

Not everybody was happy. Former White House drug policy advisor Kevin Sabet, who now heads the anti-legalization Smart Approaches to Marijuana, told The Cannabistthat more marijuana legalization would have negative consequences.

"While we don't want to see folks locked up or given criminal records for smoking pot, we support federal laws against marijuana," Sabet wrote in an e-mail. "We need to end, not expand the special interest big marijuana lobby. We can't ignore the fact that today's legalized marijuana -- and the accompanying industry -- is damaging to public health. States that have legalized marijuana continue to see a black market for the drug, increased rates of youth drug use, continued high rates of alcohol sales and interstate trafficking."